TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE
TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY
REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND
CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR
SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF .
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall
govern the relationship with our users and others which may interact or interface with Drive
Smart Driving School, also known as Drive Smart, located at 3044 Old Denton Rd #117,
Carrollton, Texas 75007, and our subsidiaries and affiliates, in association with the use of the
Drive Smart website, which includes drivingschoolcarrollton.com (the "Site") and its Services,
which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
Online information about schedules of upcoming classes with enrollment and payment
availability.
Any and all visitors to our site , despite whether they are registered or not, shall be deemed as
"users" of the herein contained Services provided for the purpose of this TOS. Once an
individual registers for our Services, through the process of creating an account, the user shall
then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made available
through our website and applications, which may include some mobile applications and that
those applications may be made available on various social media networking sites and
numerous other platforms and downloadable programs, are the sole property of Drive Smart
Driving School. At its discretion, Drive Smart Driving School may offer additional website
Services and/or products, or update, modify or revise any current content and Services, and this
Agreement shall apply to any and all additional Services and/or products and any and all
updated, modified or revised Services unless otherwise stipulated. Drive Smart Driving School
does hereby reserve the right to cancel and cease offering any of the aforementioned Services
and/or products. You, as the end user and/or member , acknowledge, accept and agree that Drive
Smart Driving School shall not be held liable for any such updates, modifications, revisions,
suspensions or discontinuance of any of our Services and/or products. Your continued use of the
Services provided, after such posting of any updates, changes, and/or modifications shall
constitute your acceptance of such updates, changes and/or modifications, and as such, frequent
review of this Agreement and any and all applicable terms and policies should be made by you to
ensure you are aware of all terms and policies currently in effect. Should you not agree to the
updated, modified, revised or modified terms, you must stop using the provided Services.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services
offered shall be provided "AS IS" and as such Drive Smart Driving School shall not assume any
responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to
store user content, communication or personalization settings.
REGISTRATION
To register and become a "member" of the Site, you must be 18 years of age to enter into and
form a legally binding contract. In addition, you must be in good standing and not an individual
that has been previously barred from receiving Drive Smart's Services under the laws and
statutes of the United States or other applicable jurisdiction.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may
be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete
nature, Drive Smart Driving School will have sufficient grounds and rights to suspend or
terminate the member in violation of this aspect of the Agreement, and as such refuse any and all
current or future use of Drive Smart Driving School Services, or any portion thereof.
It is Drive Smart Driving School's priority to ensure the safety and privacy of all its visitors,
users and members, especially that of children. Therefore, it is for this reason that the parents of
any child under the age of 13 that permit their child or children access to the Drive Smart website
platform Services must create a "family" account, which will certify that the individual creating
the "family" account is of 18 years of age and as such, the parent or legal guardian of any child
or children registered under the "family" account. As the creator of the "family" account, s/he is
thereby granting permission for his/her child or children to access the various Services provided,
including, but not limited to, message boards, email, and/or instant messaging. It is the parent's
and/or legal guardian's responsibility to determine whether any of the Services and/or content
provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
After completion of the registration data and creation of your username, you will receive a
random password—which you can later change—and account designation. You shall be
responsible for maintaining the secrecy and confidentiality of your password and for all activities
that transpire on or within your account. It shall be your responsibility to notify Drive Smart
Driving School immediately if you notice any unauthorized access or use of your account or
password or any other breach of security. Drive Smart Driving School shall not be held liable for
any loss and/or damage arising from any failure to comply with this term and/or condition of the
TOS.
CONDUCT
As a member of the Site, you herein acknowledge, understand and agree that all information,
text, software, data, photographs, music, video, messages, tags or any other content, whether it is
publicly or privately posted and/or transmitted, is the expressed sole responsibility of the
individual from whom the content originated. In short, this means that you are solely responsible
for any and all content posted, uploaded, emailed, transmitted or otherwise made available by
way of Drive Smart Services, and as such, we do not guarantee the accuracy, integrity or quality
of such content. It is expressly understood that by use of our Services, you may be exposed to
content including, but not limited to, any errors or omissions in any content posted, and/or any
loss or damage of any kind incurred as a result of the use of any content posted, emailed,
transmitted or otherwise made available by Drive Smart.
Furthermore, you herein agree not to make use of Drive Smart Driving School's Services for the
purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that
shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or
racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Drive Smart
officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting
any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally
have no right to pursuant to any law nor having any contractual or fiduciary relationship
with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that
may infringe upon any patent, copyright, trademark, or any other proprietary or
intellectual rights of any other party;
f)
uploading, posting, emailing, transmitting or otherwise offering any content that you do
not personally have any right to offer pursuant to any law or in accordance with any
contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs which have
been designed to interfere, destroy and/or limit the operation of any computer software,
hardware, or telecommunication equipment;
i)
disrupting the normal flow of communication, or otherwise acting in any manner that
would negatively affect other users' ability to participate in any real time interactions;
j)
interfering with or disrupting any Drive Smart Driving School Services, servers and/or
networks that may be connected or related to our website, including, but not limited to,
the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international
law, including, but not limited to, rules, guidelines, and/or regulations decreed by the
U.S. Securities and Exchange Commission, in addition to any rules of any nation or other
securities exchange, that would include without limitation, the New York Stock
Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having
the force of law;
l)
providing informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States government as
a "foreign terrorist organization" in accordance to Section 219 of the Immigration
Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set forth in the
aforementioned paragraphs.
Drive Smart Driving School herein reserves the right to pre-screen, refuse and/or delete any
content currently available through our Services. In addition, we reserve the right to remove
and/or delete any such content that would violate the TOS or which would otherwise be
considered offensive to other visitors, users and/or members.
Drive Smart Driving School herein reserves the right to access, preserve and/or disclose member
account information and/or content if it is requested to do so by law or in good faith belief that
any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any
third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Drive Smart Driving School, its
visitors, users and members, including the general public.
Drive Smart Driving School herein reserves the right to include the use of security components
that may permit digital information or material to be protected, and that such use of information
and/or material is subject to usage guidelines and regulations established by Drive Smart Driving
School or any other content providers supplying content services to Drive Smart Driving School.
You are hereby prohibited from making any attempt to override or circumvent any of the
embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication,
distribution, or exhibition of any information or materials supplied by our Services, despite
whether done so in whole or in part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using drivingschoolcarrollton.com to send
electronic communications, which would include, but are not limited to, email, searches, instant
messages, uploading of files, photos and/or videos, you will be causing communications to be
sent through our computer network. Therefore, through your use, and thus your agreement with
this TOS, you are acknowledging that the use of this Service shall result in interstate
transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
Content. Uploading, posting and/or transferring of software, technology and other technical data
may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export Administration
Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control
program
of
the
United
States
(http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)
nor a member of any other government which may be part of an export-prohibited
country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use
of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical
or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data
which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Drive Smart Driving School shall not lay claim to ownership of any content submitted by any
visitor , member or user, or make such content available for inclusion on our website Services.
Therefore, you hereby grant and allow for Drive Smart Driving School the below listed
worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of
Drive Smart Driving School's sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our
network Services is for the sole purpose of providing and promoting the specific area to
which this content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Drive Smart Driving School's sites, and shall
terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Drive Smart Driving School's sites, the license provided to
permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services are for the sole purpose of providing and
promoting the specific area in which this content was placed and/or made available for
viewing. This license shall be available so long as you are a member of Drive Smart
Driving School's sites and shall terminate at such time when you elect to discontinue your
membership.
c) For any other content submitted or made available for inclusion on the publicly
accessible areas of Drive Smart Driving School's sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and/or publicly display said content,
whether in whole or in part, and the incorporation of any such Content into other works
in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Drive Smart Driving School's
sites are those such areas of our network properties which are meant to be available to the
general public, and which would include message boards and groups that are openly available to
both visitors and members . However, those areas which are not open to the public, and thus
available to members only, would include our mail system and instant messaging .
CONTRIBUTIONS TO COMPANY WEBSITE
Drive Smart Driving School provides an area for our users and members to contribute feedback
to our website. When you submit ideas, documents, suggestions and/or proposals
("Contributions") to our site, you acknowledge and agree that:
a) your Contributions do not contain any type of confidential or proprietary information;
b) Drive Smart shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
c) Drive Smart shall be entitled to make use of and/or disclose any such Contributions in
any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of Drive
Smart; and
e) Drive Smart is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Drive Smart Driving School, our
subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not
liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees
made by any third party, which may arise from any content a member or user of our site may
submit, post, modify, transmit or otherwise make available through our Services, the use of
Drive Smart Services or your connection with these Services, your violations of the Terms of
Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit
for any commercial reason any part, use of, or access to Drive Smart's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Drive Smart Driving School may set up any such practices and/or
limits regarding the use of our Services, without limitation of the maximum number of days that
any email, message posting or any other uploaded content shall be retained by Drive Smart
Driving School, nor the maximum number of email messages that may be sent and/or received
by any member, the maximum volume or size of any email message that may be sent from or
may be received by an account on our Service, the maximum disk space allowable that shall be
allocated on Drive Smart Driving School's servers on the member's behalf, and/or the maximum
number of times and/or duration that any member may access our Services in a given period of
time. In addition, you also agree that Drive Smart Driving School has absolutely no
responsibility or liability for the removal or failure to maintain storage of any messages and/or
other communications or content maintained or transmitted by our Services. You also herein
acknowledge that we reserve the right to delete or remove any account that is no longer active
for an extended period of time. Furthermore, Drive Smart Driving School shall reserve the right
to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the
individuals with whom you communicate with the ability to save your conversations in your
account located on Drive Smart Driving School's servers. In this manner, you will be able to
access and search your message history from any computer with internet access. You also
acknowledge that others have the option to use and save conversations with you in their own
personal account on drivingschoolcarrollton.com. It is your agreement to this TOS which
establishes your consent to allow Drive Smart Driving School to store any and all
communications on its servers.
MODIFICATIONS
Drive Smart Driving School shall reserve the right at any time it may deem fit, to modify, alter
and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or
without prior notice. In addition, we shall not be held liable to you or to any third party for any
such alteration, modification, suspension and/or discontinuance of our Services, or any part
thereof.
TERMINATION
As a member of drivingschoolcarrollton.com, you may cancel or terminate your account,
associated email address and/or access to our Services by submitting a cancellation or
termination request to [email protected].
As a member, you agree that Drive Smart Driving School may, without any prior written notice,
immediately suspend, terminate, discontinue and/or limit your account, any email associated
with your account, and access to any of our Services. The cause for such termination,
discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation
and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part
thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f)
any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
drivingschoolcarrollton.com account Services.
Comment [BF15]: users_post_information_or_c
ommunicate=yes:show
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or
limitations of access for cause shall be made at our sole discretion and that we shall not be liable
to you or any other third party with regards to the termination of your account, associated email
address and/or access to any of our Services.
The termination of your account with drivingschoolcarrollton.com shall include any and/or all of
the following:
a) the removal of any access to all or part of the Services offered within
drivingschoolcarrollton.com;
b) the deletion of your password and any and all related information, files, and any such
content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located on or through our Services, which may include the payment and/or delivery
of such related goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that Drive Smart Driving School shall not be held
responsible or liable for any loss or damage of any nature or manner incurred as a direct result of
any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Drive Smart Driving School or any third parties may provide links to other websites
and/or resources. Thus, you acknowledge and agree that we are not responsible for the
availability of any such external sites or resources, and as such, we do not endorse nor are we
responsible or liable for any content, products, advertising or any other materials, on or available
from such third party sites or resources. Furthermore, you acknowledge and agree that Drive
Smart Driving School shall not be responsible or liable, directly or indirectly, for any such
damage or loss which may be a result of, caused or allegedly to be caused by or in connection
with the use of or the reliance on any such content, goods or Services made available on or
through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Drive Smart Driving School's Services and any
essential software that may be used in connection with our Services ("Software") shall contain
proprietary and confidential material that is protected by applicable intellectual property rights
and other laws. Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our Services or by
advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.
Therefore, except for that which is expressly permitted by applicable law or as authorized by
Drive Smart Driving School or such applicable licensor, you agree not to alter, modify, lease,
rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic
works which are based on Drive Smart Driving School Services (e.g. Content or Software), in
whole or part.
Drive Smart Driving School herein has granted you personal, non-transferable and non-exclusive
rights and/or license to make use of the object code or our Software on a single computer, as
long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate
or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise
transfer any such right in the Software. Furthermore, you do herein agree not to alter or change
the Software in any manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining unauthorized access to
our Services. Lastly, you also agree not to access or attempt to access our Services through any
means other than through the interface which is provided by Drive Smart Driving School for use
in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF DRIVE SMART DRIVING SCHOOL SERVICES AND SOFTWARE
ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE
PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. DRIVE SMART
DRIVING SCHOOL AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM
ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b) DRIVE SMART DRIVING SCHOOL AND OUR SUBSIDIARIES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH
WARRANTIES THAT (i) DRIVE SMART DRIVING SCHOOL SERVICES OR
SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) DRIVE SMART DRIVING
SCHOOL SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE
OBTAINED FROM THE USE OF THE DRIVE SMART DRIVING SCHOOL
SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY
OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL
WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR
SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT
ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN
BY WAY OF DRIVE SMART DRIVING SCHOOL SERVICES OR SOFTWARE
SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS
SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY
AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY
DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS,
DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL,
THAT MAY BE OBTAINED BY YOU FROM DRIVE SMART DRIVING SCHOOL
OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE
OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR
WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC
SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR
SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN
YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A
PHYSICAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR
MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT DRIVE SMART
DRIVING SCHOOL AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE
RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER
INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH
POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR
TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments or
securities, please review the above Sections Warranty Disclaimers and Limitations of Liability
again. In addition, for this particular type of information, the phrase "Let the investor beware" is
appropriate. Drive Smart Driving School's content is provided primarily for informational
purposes, and no content that shall be provided or included in our Services is intended for trading
or investing purposes. Drive Smart Driving School and our licensors shall not be responsible or
liable for the accuracy, usefulness or availability of any information transmitted and/or made
available by way of our Services, and shall not be responsible or liable for any trading and/or
investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be third-party beneficiaries to this agreement.
NOTICE
Drive Smart Driving School may furnish you with notices, including those with regards to any
changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means currently known or any
which may be herein after developed. Any such notices may not be received if you violate any
aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of
this TOS constitutes your agreement that you are deemed to have received any and all notices
that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Drive Smart Driving School
trademarks, copyright, trade name, service marks, and other Drive Smart Driving School logos
and any brand features, and/or product and service names are trademarks and as such, are and
shall remain the property of Drive Smart Driving School. You herein agree not to display and/or
use in any manner the Drive Smart Driving School logo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Drive Smart Driving School will always respect the intellectual property of others, and we ask
that all of our users to the same. With regards to appropriate circumstances and at its sole
discretion, Drive Smart Driving School may disable and/or terminate the accounts of any user
who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work
has been duplicated in such a way that would constitute copyright infringement, or if you believe
your intellectual property rights have been otherwise violated, you should provide to us the
following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of
the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
work;
d) The physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f)
And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is the truth and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright or
intellectual property owner's behalf.
The Drive Smart Driving School Agent for notice of claims of copyright or other intellectual
property infringement can be contacted as follows:
Mailing Address:
Drive Smart Driving School
Attn: Copyright Agent
3044 Old Denton Rd #117
Carrollton, Texas 75007
Telephone: 9724462200
Email:
[email protected]
CLOSED CAPTIONING
BE IT KNOWN, that Drive Smart Driving School complies with all applicable Federal
Communications Commission rules and regulations regarding the closed captioning of video
content. For more information, please visit our website at drivingschoolcarrollton.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Drive Smart Driving School and
shall govern the use of our Services, superseding any prior version of this TOS between you and
us with respect to Drive Smart Driving School Services. You may also be subject to additional
terms and conditions that may apply when you use or purchase certain other Drive Smart Driving
School Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Drive Smart Driving School with regard to the TOS
that the relationship between the parties shall be governed by the laws of the state of Texas
without regard to its conflict of law provisions and that any and all claims, causes of action
and/or disputes, arising out of or relating to the TOS, or the relationship between you and Drive
Smart Driving School, shall be filed within the courts having jurisdiction within the County of
Denton, Texas or the U.S. District Court located in said state. You and Drive Smart Driving
School agree to submit to the jurisdiction of the courts as previously mentioned, and agree to
waive any and all objections to the exercise of jurisdiction over the parties by such courts and to
venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Drive Smart Driving School fail to exercise or enforce any right or provision
of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision
of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to
your ID and/or contents within your account shall terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents therein permanently
deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the TOS must be filed within
1 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Drive Smart Driving School as follows:
Mailing Address:
Drive Smart Driving School
Attn: Copyright Agent
3044 Old Denton Rd #117
Carrollton, Texas 75007
Telephone: 9724462200
Email:
[email protected]